LOCAL TREND. +1 Oil Country City Says No to Eminent Domain for Pipelines. 3 Key Points

The city calling for no eminent domain for a pipeline: Enid Oklahoma

What the City Manager says about eminent domain for the water pipeline?  “We don’t even mention that word.”

Will eminent domain be mentioned to any landowner? NO

Enid News and Eagle | City officials: Eminent domain will not be used in pipeline project 

Land Owners Oppose Reservoir. Legislators Deny Eminent Domain for Reservoir.

The anatomy of reservoir building in Florida:

The reservoir project: a massive 60,000-acre shallow reservoir to stop dirty water in Lake Okeechobee from polluting the coasts and revive South Florida’s wilting marshes

The opposition: Sugar farmers who refused to sell

The legislative action: Deny the use of eminent domain to complete the reservoir

Miami Herald | Vast reservoir is key to state Everglades plan. Federal concerns could derail it.  

 

Natural Resources. Private Condemnation. How to Condemn Minerals & Water

Why do mountain states allow for private condemnation for natural resources? to encourage natural resource development

How is the private condemnation used in arid regions?

  • condemnation was used to allow water to be carried distances over land held by others to irrigate potentially fertile farmland
  • condemnation prevents a single landowner who controls access to a water source or mineral deposit could block development or hold the resources hostage by demanding a significant payout for…

10 States that Recognize Private Condemnations

What is private condemnation?  It allows  landowners the unique ability to condemn another landowner’s property to acquire a right-of-way to construct “ditches, canals and flumes for the purpose of conveying water for domestic purposes,” and for irrigation, mining, manufacturing and drainage, “upon payment of just compensation,”

Which states allow for private condemnation? 

  • Colorado
  • Idaho
  • Wyoming
  • Arizona
  • Montana
  • Nevada
  • Oklahoma
  • Utah
  • North Dakota
  • South Dakota 

Colorado Real Estate…

Legal TREND. Eminent Domain + Water Reservoir = lawsuit. What you need to know:

Which courts? Federal Courts in Texas

Landowners: 9 Fanin County, TX landowners

Landowners are suing: U.S. Army Corps of Engineers and Col. Christopher A. Hussin, commander of the corps’ Tulsa district

The reservoir:  Lower Bois d’Arc Reservoir in East Texas being built by North Texas Municipal Water District

The legal issue: The federal permit issued by the corps violated federal water and environmental laws

Dallas Morning News | Lawsuit challenges reservoir that would supply water for…

Campaign TREND. Privatizing Land That Had Been Taken by Eminent Domain for Public Utilities.

The Campaign: Congressional Candidates for 2nd Congressional District in Tennessee

The Eminent Domain Issue: When the Tennessee Valley Authority was created, land was taken by eminent domain. Legislative proposals seek to privatize the Tennessee Valley Authority. 

The Candidate Responses to Privatization and Eminent Domain

  • 4 candidates of both parties oppose privatization
  • 1 Republican candidate specifically noted the use of eminent domain as a reason to oppose privatization

The Daily Times…

Private Property Rights. Navigable Waters. Defeat of a Bill for Public Access to Navigable Waters. Read the Bill for Fishermen.

State: Louisiana

The legislation to open navigable waters to anglers: HB 391 (LA | 2018)  to ” restore anglers’ rights to access public waters”

The opposition to opening navigable waters to anglers:

  • wealthy private land owners
  • energy companies

Supporters of opening navigable waters to anglers:

  • Louisiana B.A.S.S. Nation
  • Louisiana Sportsmen’s Coalition

The Louisiana House vote: 37-59

KALB| Powerful Opposition’ kills public access reform in Louisiana

5 Big Property Rights & Eminent Domain Cases in Texas. Foreshadowing 2019.

Land as Infrastructure. 3 Points from the Texas Agricultural Land Trust

84% of Texas land base is farm, ranch or timber and Texas legislators and regulators should think of land as infrastructure like:

  • Colorado that dedicates lottery revenue to private land conservation
  • Ohio that allows municipal water utilities  to get lower interest rate on loans for plant upgrades in exchange for funding land protection
  • Better funding of the  Texas Farm & Ranch Lands Conservation Program

Trib Talk |Blair Calvert Fitzsimmons|  Land is the state’s most critical infrastructure

Lege Trend. Private Property Rights in Private Wells. Compensation for Restricted Well use. Read the Bill.

 In true Libertarian fashion, New Hampshire Legislature is considering House Bill 1226 (2018) that exempts from drought restrictions private wells.

What supporters say:

  • HB 1226 is about basic Property Rights
  • Riparian rights are a long standing legal right and tradition
  • If opponents want to stop private wells from use during drought, then private wells should be reimbursed for the property rights loss

What opponents say:

  • private wells still draw down water reserves and there is a greater…